How to Initiate or Consent to a Partition Action Before a Court-Appointed Commissioner in Texas

Disclaimer: This article is for informational purposes only and does not constitute legal advice.

Detailed Answer

1. Understand What a Partition Action Is

A partition action allows co-owners of real property to divide or sell the property when they cannot agree on its use or disposition. Texas Property Code Chapter 23 governs these suits. See Section 23.001.

2. Prepare and File the Partition Suit

The initiating party (plaintiff) must file a petition in the county where the land is located. The petition should:

Identify all parties with an ownership interest.
Describe the property (legal description or metes and bounds).
Specify whether they seek a partition in kind (physical division) or by sale.
Request appointment of commissioners to handle the division or sale. See Section 23.002.

3. Serve or Waive Service on All Co-Owners

Texas law requires proper notice to every co-owner. You can:

Serve each party with citation and a copy of the petition under Section 23.003.
Obtain written waivers of service from parties who agree to participate. A waiver functions as consent and speeds up the process.

4. Appointment of Court-Appointed Commissioners

Once all parties are before the court (either by service or waiver), the judge may appoint three impartial commissioners to carry out the partition under Section 23.004. Commissioners must:

Take an oath to act impartially. See Section 23.005.
Survey or evaluate the property.
Prepare a written report detailing the proposed division or sale plan.

5. Filing and Review of Commissioners’ Report

After inspecting the property, commissioners file their report with the court. Parties then have a limited time to object. If no valid objections arise, the court enters a final order approving the report and ordering either:

A partition in kind (Section 23.011).
A partition by sale, with the proceeds distributed among co-owners (Section 23.012).

6. Final Order and Vesting of Title

Upon entry of the final partition order, the court’s decree vests title to each divided tract in the designated owner or orders the sale proceeds to be distributed. See Section 23.025.

Helpful Hints

Keep a precise legal description of the property handy to avoid survey disputes.
Consider a title search to identify every recorded owner before filing.
Talk to co-owners early—written consent can simplify or eliminate contested steps.
Keep detailed records of service, waivers, and filings to comply with court deadlines.
Be prepared to cover commissioner fees; the court typically orders the losing party to pay costs.
Consult a real estate litigation attorney to help draft pleadings and handle objections.